Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1887-06-17
ADDISON COUNTY COURT.
Plaintiff Receivers in Smith VS.. Ripton-
Douglass VS.. Hall Now being Tried.

Douglass VS.. Hall Now being Tried.
MIDDLEBURY, June l0.-In the County
Court this morning, the jury in the case of
d. w. Smith VS.. the town of Ripton re-
ported a verdict for the plaintiff for S73 OF
and costs.
The new entry docket contains AZ law
and l6 chancery cases. Among the law
cases are 10 petitions for divorce.
The next case called was w. N. Farm
ham VS.. G. A Chapman, apt. Two years
ago Chapman as the agent of John c.
Stapleton, sold to the plaintiff horse and
warranted its title to be perfect in Staple
ton. The horse was then involved in law,
Stapleton having made trade with one
Hope and subsequently repleved the
horse, and the replevn suit was pending
at the time of the sale to Farnham In
the County Court it was decided that at
the time of the sale to Farnham the title
OF the horse was in Hope, not in Stapleton,
and Hope thereupon replevied the horse
from Farnham, who, instead of defending
Hopes. suit. brought suit against Chap
man for breach of warranty The
PLAINTIFFS declaration sets up that
Chapman not only warranted the
title of the horse as an agent, but
ranty that the title in Stapleton was per
feet. The defence raised the point that
Farnham's title to the horse when he
purchased 1t was perfect and that he
should have defended Hopes suit. Argu-
ments were made by Mr.. Bliss for the de
fence and by Mr.. Sade for the plaintiff.
Judge Rowell thought that it would be
best to pass the case up to the Supreme
Court to get decision and it was so dis
posed of. Eldredge & Slade are for the
plaintiff and Judge Knapp and Mr. Bliss
for the defence.
Enos Douglas and wife vs. f. ID. Hall.
was the next case. The parties reside in
New Haven. where Hall is a practicing
physician. The plaintiffs claim malprac
tlce on the part of defendant, placing :he
ad dampum at $4,000. The defense is a
general denial. Henry Ballard and j. NJ
Slade appear for the Douglasses and Con
greSsman Stewart and w. w. Rider for
DR.. Hall
The grand jury have been hard at work
all the week since Tuesday, but have not
yet completed their labors. 1t is expect
ed that they will finish up tomorrow and
Knowing ones look to see them bring in
considerable number of indictments.
Thirteen Indictments Found-FlInt and
Mitchell to be Tried Again.
MIDDLEBURY, June 1.-THE grand inry
brought in II true bills. These with the
two previously reported make 10 in all.
Among the indictments found there were
FOUR which are made public. The others
are as follows State VS.. Solomon Dushon
for breach of the peace. State VS.. Cyrillo
Taylor, selling Intoxicating liquor. State
VS.. Arthur Manning, assaulting a girl
with knife in Rlpton. State VS.. George
Larro and John Pinchon, Joint Indictment
for rape. State Vs. George Larro, adul-
terry. State VS.. Frank Morseman, indict-
m a Law
lor homicide in shooting boy at Yer
gennes last winter. State VS.. Albert
act State VS.. Mary Reed ' and
David Lee, blanket act. The trial of
John G. Flint will begin on Monday, June
~, ana that OF James w. Mitchell on the
Monday following. MI. Wilds assigned
he trial of the Morseman murder case to
begin as soon as the civil cases are dis.
posed of. AS the civil case now on trial
Is the last one to be tried the Morseman
murder case will be the next one called
either Monday or Tuesday.
The Douglas VS.. Hall case for malprac-
tice was continued this morning, although
1t came near to breaking down last night
on request by Mr. Ballard for leave to
amend the declaration and the court
granted the request. Mr.. Stewart thought
at nrst that ne would enter demurrer to
the amended declaration, which would
have ended the trial for this term, but
concluded not to do so and the trial went
along all day until the adjournment this
afternoon. The evidence for the plain
tiffs was concluded and the greater part
OF the day was given up to the taking of
the evidence for the defence DR.. Hall
this afternoon testified in his own behalf,
and totally denied having given Mrs.
Douglass any medicine to produce an abor-
ton. Witnesses for the defence testified
that the Douglas woman had told
them that the medicine she used she had
procured in Nergennes The case resolves
itself into direct and square issue of
veracity between the main witnesses for
the prosecution and those for the defence.
large quantity of lying has been done
on one side or the other. Before DR..
Halls evidence was completed proceed.
l!ngs In the case were suspended until
Monday.
In the case of H. X. Holden and wife
VS.. Charles Howard, apt, a motion was
made this morning by Mr.. Bliss that the
plaintiffs be nOn-suited for misjoinder
and Mr.. Slade asked leave to amend the
writ in that particular. This afternoon
Judge Rowell announced his decision,
non-suiting the plaintiffs. The court
then took recess to Monday morning at
10 o'clock.
CAIEnnNta